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micro Flashcards

1
Q

Rule 11 certifications

A

Attorney signs to best of knowledge, info, and belief that there’s a basis for claim

Must be warranted by existing law and evidentiary support. No improper purpose

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2
Q

Permissive joinder

A

1) Single trans/occ
2) Common q of fact/law

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3
Q

Compulsory joinder

A

Party needs to be joined or unfair

1) Necessary Party = impair interest
If can’t join bc jurisdiction, case may still proceed.

2) Indispensable Party = prejudice
If can’t join bc jurisdiction, case MUST be dismissed

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4
Q

Impleader

A

Allows D to add a nonparty who may be liable to D for all or part of P’s claim.

P may also assert a claim against 3P D, but only if court has SMJ or supplemental jurisdiction over the claim.

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5
Q

Permissive Intervention

A

1) Claim/defense has common q of law/fact

2) Court permission IS required

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6
Q

Interpleader

A

When a party owes something ($/prop) to 2+ people

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7
Q

Types of Class actions

A

Impairment of Interests/Prejudicial Risk, Final equitable Relief, Common Q

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8
Q

Class action certification, judgement, and settlement

A

Considers:

1) Size (numerosity)
2) Common Q (commonality)
3) Typical
4) Representation/Conflict (adequacy)

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9
Q

Request to produce

A

documents in other side’s possession, control, custody

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10
Q

Conference of parties

A

Court must have conference where parties submit discovery plan. Also mandatory scheduling conference “good cause” and final pretrial conference “manifest injustice”

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11
Q

Request to Admit

A

Must be written and conclusively established

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12
Q

Interrogatories

A

Only to a party (not nonparty). Must be written and answered in writing. Limited to 25.

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13
Q

Depositions

A

Party or non party, written or oral. Nonparty by subpeona, limit 10.

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14
Q

motions to compel

A

party not complying with discovery

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15
Q

Discovery sanctions

A

Court may order sanctions if one party has acted unreasonably. Start with minimal sanctions of fees/costs and work up to larger sanctions

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16
Q

Voluntary dismissal

A

When P voluntarily dismisses before answer or SJ. The first time is without prejudice

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17
Q

Default judgment

A

If a party fails to plead or defend, the clerk or court will enter default judgement.

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18
Q

Failure to state a claim

A
  • Even if facts are true, there’s no recovery
  • Insufficient facts
  • Dismissal with prejudice
  • May be raised before or at trial
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19
Q

Summary judgment

A

No genuine issue of material fact. Must be filed until 30 days after discover closes. Denial is NOT appealable. Burden is on moving party. Partial Judgement is allowed

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20
Q

Demand/Withdrawal for Jury

A

Demand for jury must be made within 14 days after service of last pleading. Demand may be withdrawn IF all parties consent.

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21
Q

7th Amendment

A

There must be at least 6 jurors and an unanimous verdict unless otherwise stipulated.

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22
Q

Jury instructions and verdict.

A

Must object before jury retires or waived for appeal. Verdict will NOT be set aside for inside juror prejudice.

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23
Q

Judgment as a matter of law (JMOL)

A

A reasonably jury wouldn’t have a legally sufficient evidentiary basis to find for nonmoving party. Evidence is viewed in light most favorable to nonmoving party

Raised by D after P’s case, or either party at close of evidence

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24
Q

Motions for a new trial

A

If:
- Error would’ve caused a different outcome
- Judge erroneously admitted/excluded evidence
- Improper conduct by party, W, lawyer, or jury
- Verdict is against clear weight of evidence

Must be filed within 28 days of entry of final judgment

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25
Q

Final judgment

A

Only final judgements may be appealed

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26
Q

Interlocutory appeals

A

Order given before final judgement. Generally not appealable

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27
Q

Claim preclusion (res judicata)

A

1) identical parties of privity (legal or special relationship)
2) same transaction or occurrence (identical claims!)
3) judgement on the merits (once there’s a final judgement you can’t bring suit again)

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28
Q

Issue preclusion (collateral estoppel)

A

1) identical ISSUES
2) final judgment that depended on determination of that issue
3) issue necessary to judgement

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29
Q

defensive use of issue preclusion

A

Same P, new D. New D CAN use issue preclusion as defense

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30
Q

offense use of collateral estoppel

A

New P, same D. New P CANNOT use issue preclusion against same D.

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31
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

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32
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

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33
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

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34
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

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35
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

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35
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

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35
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

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36
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

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37
Q

Appeals

A
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38
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

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38
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

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39
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

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39
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

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40
Q

Appeals

A
41
Q

Appellate Court

A

Generally reviews issues of LAW, deference to trial court for facts

42
Q

Appealing errors

A

Outcome would’ve been different. No appeal if error was harmless.

43
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

43
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

43
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

43
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

44
Q

Appeals

A

Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.

44
Q

Appellate Court

A

Generally reviews issues of LAW, deference to trial court for facts

44
Q

Appealing errors

A

Outcome would’ve been different. No appeal if error was harmless.

45
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

45
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

46
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

46
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

46
Q

Appeals

A

Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.

47
Q

Appellate Court

A

Generally reviews issues of LAW, deference to trial court for facts

47
Q

Appealing errors

A

Outcome would’ve been different. No appeal if error was harmless.

47
Q

Can a party move for new trial if fact finder awarded an inadequate amount of damages?

A

Yes. If a fed court rules that the amt was inadequate it can order a new trial but can’t impose an increase in amount of damages

48
Q

Additur

A

P’s request to increase jury award of inadequate damages. Never allowed in fed ct.

49
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

49
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

49
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

49
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

49
Q

Appellate Court

A

Generally reviews issues of LAW, deference to trial court for facts

49
Q

Appeals

A

Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.

49
Q

Appealing errors

A

Outcome would’ve been different. No appeal if error was harmless.

49
Q

7th Amendment for fed civil cases

A

The Seventh Amendment right to a jury trial applies to federal civil cases when the amount in controversy exceeds 20 dollars and a party asserts a legal claim (i.e., a claim seeking a monetary remedy). However, this right does not apply when a party asserts an equitable claim (i.e., a claim seeking a nonmonetary remedy).

50
Q

Two dismissal rule

A

Voluntary dismissal with prejudice if P:
(1) voluntarily dismissed an action in fed or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on same claim in fed court.

51
Q

Common Q class action

A

If common qs of law or fact predominate over individual qs and a class action is the best method to fairly and efficiently adjudicate the dispute

52
Q

Rule 11 sanctions

A

A party cannot file a motion for sanctions until 21 days after serving that motion on the alleged violator. This safe-harbor rule gives a violator time to correct the violation.

53
Q

General verdict with special interrogatories

A

Jury decides which party prevails and provides answers to qs on each factual issue.

If verdict and answers are inconsistent, judge must
(1) order a new trial,
(2) direct jury to further consider its answers and verdict, or
(3) enter a judgment consistent with the answers.

54
Q

Involuntary dismissal

A

Generally with prejudice, precludes the P from suing same D on same claim in the future.

BUT, an involuntary dismissal based on lack of jurisdiction, improper venue, or failure to join a required party is without prejudice.

55
Q

Service of Process

A

P must provide the D with adequate notice of a lawsuit through service of process.

56
Q

Waive service of Process

A

If a P requests D waive service of process, P must give D at least 30 days to return waiver.

If D timely waives service, then he doesn’t have to serve an answer to complaint until 60 days after request was sent.

57
Q

General Verdict

A
58
Q

Standards an appellate court reviews trial judge’s decision under:

A

1) de novo - judge’s conclusions of law will be reversed if ct reasonably believes judge misinterpreted law

2) clear error - jugde’s findings of fact will be reversed only if clearly erroneous

59
Q

Statutory Impleader

A

1) Nationwide service
2) Any 2 claimants can be diverse
3) $500+ at stake
4) must deposit $/prop in court or bond

59
Q

Intervention as of Right

A

1) Interest in property/transaction
2) Interest is impaired
3) NO court permission is required

59
Q

Rule Interpleader

A

1) NO nationwide service
2) Complete diversity bw claimant and all opponents
3) $75k+ req
4) not required to deposit $

60
Q

Protective order

A

Stop discovery for embarrassment, harassment, undue burden

60
Q

Appeals

A

Must be filed within 30 days of judgment. Objections made at trial stating grounds. Waived if not preserved.

60
Q

Appellate Court

A

Generally reviews issues of LAW, deference to trial court for facts

61
Q

Appealing errors

A

Outcome would’ve been different. No appeal if error was harmless.

61
Q

7th Amendment for fed civil cases

A

7th Amendment right to a jury trial applies to federal civil cases when the amount in controversy exceeds $20 and a party asserts a legal claim (i.e., a claim seeking a monetary remedy). BUT, right does not apply when a party asserts an equitable claim (i.e., a claim seeking a nonmonetary remedy).

61
Q

Rule 11 sanctions

A

A party cannot file a motion for sanctions until 21 days after serving that motion on the alleged violator. This safe-harbor rule gives a violator time to correct the violation.

61
Q

Involuntary dismissal

A

Generally with prejudice, precludes the P from suing same D on same claim in the future.

BUT, an involuntary dismissal based on lack of jurisdiction, improper venue, or failure to join a required party is without prejudice.

62
Q

Service of Process

A

P must provide the D with adequate notice of a lawsuit through service of process.

62
Q

Waive service of Process

A

If a P requests D waive service of process, P must give D at least 30 days to return waiver.

If D timely waives service, then he doesn’t have to serve an answer to complaint until 60 days after request was sent.

62
Q

Standards an appellate court reviews trial judge’s decision under:

A

1) de novo - judge’s conclusions of law will be reversed if ct reasonably believes judge misinterpreted law

2) clear error - jugde’s findings of fact will be reversed only if clearly erroneous

63
Q

Two dismissal rule

A

Voluntary dismissal with prejudice if P:
(1) voluntarily dismissed action in fed or state court without a court order and
(2) filed a notice of voluntary dismissal in a second action on same claim in fed court.

63
Q

Common Q class action

A

If common qs of law or fact predominate over individual qs and a class action is the best method to fairly and efficiently adjudicate the dispute

64
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67
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68
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72
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73
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78
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